the offender is made to serve subsidiary imprisonment in case of insolvency, the period of probation shall not be less than nor be more than twice the total number of days of subsidiary imprisonment as computed at the rate established in Art. 39 of the RPC.
Imprisonment of Probation
Not more than one year Not exceeding two
(2) years One (1) year to six (6)
years
Not exceeding six (6) years
Fine with subsidiary imprisonment As computed under Art.
39
Twice the period computed Arrest of probationer
At the time during probation, the court may issue a warrant for the arrest of a probationer for any serious violation of the conditions of the probation. The probationer, once arrested and detained, shall immediately be brought before the court for a hearing of the violation charged. The defendant may be admitted to bail pending such hearing. In such case, the provisions regarding release on bail of persons charged with a crime shall be applicable to probationers arrested under this provision.
In the hearing, which shall be summary in nature, the probationer shall have the right to be informed of the violation charged and adduce evidence in his favor. The court shall not be bound by the technical rules of evidence but may inform itself of all the facts which are material and relevant to ascertain the veracity of the charge. The State shall be represented by a prosecuting officer in any contested hearing. If the violation is established, the court may revoke or continue his probation and modify the conditions thereof. If revoked, the court shall order the probationer to serve sentence originally imposed. An order revoking the grant of probation or modifying the terms and conditions thereof shall not be appealable. Termination of probation; exception
After the period of probation and upon consideration of the report and recommendation of the probation officer, the court may order the final discharge of the probationer upon finding that he has fulfilled the terms and conditions of
his probation and thereupon the case if deemed terminated.
The final discharge of the probationer shall operate to restore to him all civil rights lost or suspended as a result of his conviction and to fully discharge his liability for any fine imposed as to the offense for which probation was granted.
Any person convicted for drug trafficking or pushing under RA 9165, regardless of the imposable penalty imposed by the Court, cannot avail of the privilege granted by the Probation Law (Sec. 24, RA 9165).
JUVENILE JUSTICE AND WELFARE ACT OF 2006 (R.A. 9344); ALSO REFER TO CHILD AND YOUTH WELFARE CODE (P.D. 603, AS AMENDED)
Definition of child in conflict with the law
Child in conflict with law refers to a child who is alleged as, accused of, or adjudged as, having committed an offense under Philippine laws. (b) Exemption from criminal liability
A child fifteen (15) years of age or under at the time of the commission of the offense shall be exempt from criminal liability. However, the child shall be subjected to an intervention program pursuant to Section 20 of this Act.
A child above fifteen (15) years but below eighteen (18) years of age shall likewise be exempt from criminal liability and be subjected to an intervention program, unless he/she has acted with discernment, in which case, such child shall be subjected to the appropriate proceedings in accordance with this Act.
The exemption from criminal liability herein established does not include exemption from civil liability, which shall be enforced in
accordance with existing laws (Sec. 6).
Juvenile justice and welfare system
Juvenile Justice and Welfare System refers to a system dealing with children at risk and children in conflict with the law, which provides child- appropriate proceedings, including programs
and services for prevention, diversion,
rehabilitation, re-integration and aftercare to ensure their normal growth and development
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"Diversion" refers to an alternative, child-appropriate process of determining the responsibility and treatment of a child in conflict with the law on the basis of his/her social, cultural, economic, psychological or educational background without resorting to formal court proceedings.
"Diversion Program" refers to the program that the child in conflict with the law is required to undergo after he/she is found responsible for an
offense without resorting to formal court proceedings.
"Intervention" refers to a series of activities which are designed to address issues that caused the child to commit an offense. It may take the form of an individualized treatment program which may include counseling, skills training, education, and other activities that will enhance his/her psychological, emotional and psycho-social well-being.
6. MODIFICATION AND EXTINCTION OF CRIMINAL LIABILITY
Art. 23. Effect of pardon by the offended party. — A pardon of the offended party does not extinguish criminal action except as provided in Article 344 of this Code; but civil liability with regard to the interest of the injured party is extinguished by his express waiver.
TOTAL EXTINCTION OF CRIMINAL LIABILITY Art. 89. How criminal liability is totally extinguished. — Criminal liability is totally extinguished:
1. By the death of the convict, as to the personal penalties and as to pecuniary penalties, liability therefor is extinguished only when the death of the offender occurs before final judgment. 2. By service of the sentence;
2. By amnesty, which completely extinguishes the penalty and all its effects;
3. By absolute pardon;
4. By prescription of the crime; 5. By prescription of the penalty;
6. By the marriage of the offended woman, as provided in Article 344 of this Code. Art. 90. Prescription of crime. — Crimes
punishable by death, reclusion perpetua or reclusion temporal shall prescribe in twenty years.
Crimes punishable by other afflictive penalties shall prescribe in fifteen years. Those punishable by a correctional penalty shall prescribe in ten years; with the exception of those punishable by arresto mayor, which shall prescribe in five years. The crime of libel or other similar offenses shall prescribe in one year.
The crime of oral defamation and slander by deed shall prescribe in six months.
Light offenses prescribe in two months. When the penalty fixed by law is a compound one, the highest penalty shall be made the basis of the application of the rules contained in the first, second and third paragraphs of this article. (As amended by RA 4661, approved June 19, 1966).
Art. 91. Computation of prescription of offenses. — The period of prescription shall commence to run from the day on which the crime is discovered by the offended party, the authorities, or their agents, and shall be interrupted by the filing of the complaint or information, and shall commence to run again when such proceedings terminate without the accused being convicted or acquitted, or are unjustifiably stopped for any reason not imputable to him.
The term of prescription shall not run when the offender is absent from the Philippine Archipelago.
Art. 92. When and how penalties prescribe. — The penalties imposed by final sentence prescribe as follows:
1. Death and reclusion perpetua, in twenty years;
2. Other afflictive penalties, in fifteen years; 3. Correctional penalties, in ten years; with the exception of the penalty of arresto mayor, which prescribes in five years; 4. Light penalties, in one year.
Art. 93. Computation of the prescription of penalties. — The period of prescription of penalties shall commence to run from the date when the culprit should evade the service of his sentence, and it shall be interrupted if the defendant should give himself up, be captured, should go to some foreign country with which this Government
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has no extradition treaty, or should commit another crime before the expiration of the period of prescription.
PARTIAL EXTINCTION OF CRIMINAL LIABILITY
Art. 94. Partial Extinction of criminal liability. — Criminal liability is extinguished partially:
1. By conditional pardon;
2. By commutation of the sentence; and 3. For good conduct allowances which the
culprit may earn while he is serving his sentence.
Art. 95. Obligation incurred by person granted conditional pardon. — Any person who has been granted conditional pardon shall incur the obligation of complying strictly with the conditions imposed therein otherwise, his non-compliance with any of the conditions specified shall result in the revocation of the pardon and the provisions of Article 159 shall be applied to him.
Art. 96. Effect of commutation of sentence. — The commutation of the original sentence for another of a different length and nature shall have the legal effect of substituting the latter in the place of the former.
Art. 97. Allowance for good conduct. — The good conduct of any prisoner in any penal institution shall entitle him to the following deductions from the period of his sentence: 1. During the first two years of his
imprisonment, he shall be allowed a deduction of five days for each month of good behavior;
2. During the third to the fifth year, inclusive, of his imprisonment, he shall be allowed a deduction of eight days for each month of good behavior;
3. During the following years until the tenth year, inclusive, of his imprisonment, he shall be allowed a deduction of ten days for each month of good behavior; and 4. During the eleventh and successive
years of his imprisonment, he shall be allowed a deduction of fifteen days for each month of good
Art. 98. Special time allowance for loyalty. — A deduction of one-fifth of the period of his sentence shall be granted to any prisoner who, having evaded the service of his sentence under the circumstances mentioned in Article 58 of this Code, gives himself up to the authorities within 48 hours
following the issuance of a proclamation announcing the passing away of the calamity or catastrophe to in said article. Art. 99. Who grants time allowances. —
Whenever lawfully justified, the Director of Prisons shall grant allowances for good conduct. Such allowances once granted shall not be revoked.
Always provide two classifications when answering this question.
Criminal liability is totally extinguished as follows:
(1) By the death of the convict as to personal penalties; and as to pecuniary penalties, liability therefore is extinguished only when the death of the offender occurs before final judgment
(2) By service of sentence;
(3) By amnesty which completely extinguished the penalty and all its effects;
(4) By absolute pardon;
(5) By prescription of the crime; (6) By prescription of the penalty;
(7) By the marriage of the offended women as in the crimes of rape, abduction, seduction and acts of lasciviousness.
Criminal liability is partially extinguished as follows:
(1) By conditional pardon; (2) By commutation of sentence;
(3) For good conduct, allowances which the culprit may earn while he is serving sentence;
(4) Parole; and (5) Probation.
Total extinction of criminal liability
Among the grounds for total extinction as well as those for partial extinction, you cannot find among them the election to public office. In one case, a public official was charged before the Sandiganbayan for violation of Anti-Graft and Corrupt Practices Act. During the ensuing election, he was nevertheless re-elected by the constituents, one of the defenses raised was that of condonation of the crime by his constituents, that his constituents have pardoned him. The Supreme Court ruled that the re-election to public office is not one of the